By Garett Williams
Daily Miner and News
Tuesday October 23, 2007
Loaded with a new lawyer, Bruce Montague’s fight
against the federal Firearms Act resumed in Kenora
Superior Court on Monday after a delay of more than
In May, Montague announced Victoria lawyer Doug
Christie --best known for defending the freedom of
speech rights of those accused of Nazi war crimes and
racist or anti-semitic activity - would take over his
constitutional challenge, after firing Toronto lawyer
Calvin Martin in March.
Montague, from Eton Rugby, near Dryden, is charged
with 53 counts of weapons-related offences, including
the unauthorized possession and careless storage of
non-restricted firearms, explosives and restricted
firearms. His wife, Donna Montague, is facing three
charges -- the unauthorized possession of a firearm
and two counts of careless storage of a firearm.
Justice John Wright will hear their Charter
application, which is seeking to strike out sections
of the Criminal Code of Canada related to the Firearms
Act, to have their criminal charges dismissed and to
have the Firearms Act declared unconstitutional.
Christie argued firearm possession is an inherent
right, stemming from the British North America Act in
1867, guaranteed by Section 26 of the Charter of
Rights and Freedoms -- a guarantee certain rights and
freedoms don’t deny the existence of any other rights
He referred to William Blackstone’s 1765 book,
“commentaries on the law of England.”
In it, Blackstone maintains that under English common
law, all Canadians have the right to protect their
personal security, personal liberty and private
“These are things not to be given up without a fight,”
Christy argued the regulation tangles gun owners and
would-be gun owners in a bureaucratic nightmare of
paperwork and fees. Prohibition through regulation, he
Christie responded to statements the crown is expected
to make Tuesday that the registration is in place for
On the issue that the registration reduces opportunity
for criminals to obtain guns, he said there is no way
to predict who will act violent in the future, “all
humans are capable of negative behavior.”
He slammed the registry for making criminals out of
the innocent, using Montague as an example, who he
said has not been implicated in any violent crimes or
improper use of firearms.
“They like to create inherent criminality because it
creates fear,” he said, adding that’s the beginning of
a police state.
Christie will finish his response before Crown
attorney Peter Keen begins his statement on Tuesday
DISCLAIMER: BruceMontague.ca is maintained by friends and
supporters of Bruce Montague.
It is NOT an official mouth-piece for Bruce
Montague's legal defense.